Former Malaysian Bar president Salim Bashir Bhaskaran cautioned that the call by Pandan MP Datuk Seri Rafizi Ramli and eight other Parti Keadilan Rakyat (PKR) MPs for an inquiry into Malaysia’s judicial appointment process should be approached with care.
He said that while there are no strict criteria that must be met for the establishment of a Royal Commission of Inquiry (RCI), such commissions are often used to investigate the conduct of public institutions or matters of national significance involving substantial public interest.
“An RCI is a fact-finding mission based on the outlined terms of reference,” he said.
“The recommendations from an RCI and their implementation are primarily matters for political decision-makers to adopt and execute.”
However, Salim emphasised that there must be a solid legal and constitutional basis for establishing an RCI on judicial appointments.
“We must ensure there is sufficient legal and constitutional justification for the formation of an RCI on judicial appointments.
“While Members of Parliament and the public may wish to seek the truth regarding allegations of judicial interference that undermine the independence of the judiciary, we must be mindful that public discussions on judicial conduct should not bring the institution into disrepute.
“Any discussions or debates on judicial conduct in Parliament are also constrained by Article 127 of the Federal Constitution, and such discussions can only be initiated through a substantive motion, following the proper notice procedure.”
Article 127 reads: “The conduct of a judge of the Supreme Court or a High Court shall not be discussed in either House of Parliament except on a substantive motion of which notice has been given by no less than one quarter of the members of that House.”
Earlier today, Rafizi said he had the support of eight other PKR MPs – Wong Chen (Subang), Rodziah Ismail (Ampang), Nik Nazmi Nik Ahmad (Setiawangsa), Zahir Hassan (Wangsa Maju), Datuk Muhammad Bakhtiar Wan Chik (Balik Pulau), Syed Ibrahim Syed Noh (Ledang), S. Kesavan (Sungai Siput), and Onn Abu Bakar (Batu Pahat) – to request an RCI, alleging there were irregularities in the appointment of senior judges, including the Chief Justice.
He also said they would ask the Special Select Committee on Human Rights, Elections and Institutional Reform to initiate official proceedings, including summoning the Prime Minister, Datuk Seri Anwar Ibrahim.
“This is because, according to the Constitution, the appointment of the Chief Justice falls under the authority of the Prime Minister, not the Cabinet,” said Rafizi.
The former PKR deputy president framed the issue in the context of the infamous 2007 VK Lingam video scandal, which led to an RCI investigation into allegations of attempts to influence the judiciary.
At today’s press conference, the PKR MPs said they wanted the government to answer why:
• The Judicial Appointments Commission (JAC) nominations for new judges (whether to the High Court, Court of Appeal, or Federal Court) were not promptly considered, resulting in urgent vacancies.
• The JAC had submitted to the Prime Minister nominations for the Chief Justice and Court of Appeal President positions before Tun Tengku Maimun Tuan Mat’s retirement on July 2, but the appointments were not made and remain vacant.
• A JAC meeting last Friday did not adhere to the required 10-day notice period. Rafizi alleged this was done to renominate candidates for the vacant positions.
Rafizi said they hoped the RCI would prevent a repeat of the damage inflicted on public trust by the VK Lingam tape scandal and the 1988 constitutional crisis, which saw the removal of the Lord President of the Supreme Court, Tun Salleh Abas.
Main image: Facebook/Rafizi Ramli
